15 U.S.C. § 793

Protection of public health and environment

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(a) Distribution of low sulfur fuel

Any allocation program provided for in section 792 of this title or in the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],11 See References in Text note below. shall, to the maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Protection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health.

(b) Study of chronic effects of sulfur oxide emissions among exposed populations

In order to determine the health effects of emissions of sulfur oxides to the air resulting from any conversions to burning coal to which section 119 ¹ of the Clean Air Act [42 U.S.C. 1857c–10] applies, the Department of Health and Human Services shall, through the National Institute of Environmental Health Sciences and in cooperation with the Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended.

(c) Major Federal actions significantly affecting the quality of the human environment(1) No action taken under the Clean Air Act [42 U.S.C. 7401 et seq.] shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].(2) No action under section 792 of this title for a period of one year after initiation of such action shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. However, before any action under section 792 of this title that has a significant impact on the environment is taken, if practicable, or in any event within sixty days after such action is taken, an environmental evaluation with analysis equivalent to that required under section 102(2)(C) of the National Environmental Policy Act [42 U.S.C. 4332(2)(C)], to the greatest extent practicable within this time constraint, shall be prepared and circulated to appropriate Federal, State, and local government agencies and to the public for a thirty-day comment period after which a public hearing shall be held upon request to review outstanding environmental issues. Such an evaluation shall not be required where the action in question has been preceded by compliance with the National Environmental Policy Act by the appropriate Federal agency. Any action taken under section 792 of this title which will be in effect for more than a one-year period or any action to extend an action taken under section 792 of this title to a total period of more than one year shall be subject to the full provisions of the National Environmental Policy Act, notwithstanding any other provision of this chapter.(d) Importation of hydroelectric energy

In order to expedite the prompt construction of facilities for the importation of hydroelectric energy thereby helping to reduce the shortage of petroleum products in the United States, the Federal Power Commission is hereby authorized and directed to issue a Presidential permit pursuant to Executive Order 10485 of September 3, 1953, for the construction, operation, maintenance, and connection of facilities for the transmission of electric energy at the borders of the United States without preparing an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 [42 U.S.C. 4332] for facilities for the transmission of electric energy between Canada and the United States in the vicinity of Fort Covington, New York.

(Pub. L. 93–319, § 7, June 22, 1974, 88 Stat. 259; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesReferences in Text

The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which provided for the expiration of the President’s authority under that chapter on Sept. 30, 1981.

Section 119 of the Clean Air Act [42 U.S.C. 1857c–10], referred to in subsec. (b), was repealed by Pub. L. 95–95, § 112(b)(1), Aug. 7, 1977, 91 Stat. 709, which is set out as a Compliance Orders note under section 792 of this title. A new section 119 of the Clean Air Act was added by Pub. L. 95–95, § 117(b), and is classified to section 7419 of Title 42, The Public Health and Welfare.

The Clean Air Act, referred to in subsec. (c), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act of the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note under section 4321 of Title 42 and Tables.

This chapter, referred to in subsec. (c)(2), was in the original “this Act”, meaning Pub. L. 93–319. For complete classification of this Act to the Code, see Short Title note set out under section 791 of this title and Tables.

Executive Order 10485 of September 3, 1953, referred to in subsec. (d), is Ex. Ord. No. 10485, Sept. 3, 1953, 18 F.R. 5397, which is set out as a note under section 717b of this title.

Statutory Notes and Related SubsidiariesChange of Name

“Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (b), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Transfer of Functions

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare.

Notes of Decisions

Cited in 17 cases, 1934–2015 · leading case: San Luis & Delta-Mendota Water v. Nat. Resources Def. Coun, 747 F.3d 581 (9th Cir. 2014).

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San Luis & Delta-Mendota Water v. Nat. Resources Def. Coun, 747 F.3d 581 (9th Cir. 2014). · cites it 2× “” 15 U.S.C. § 793 (c)(1). In other words, no action taken under the Clean Air Act will trigger NEPA’s requirement that the agency produce an EIS.”

Weyerhaeuser Co. v. Douglas M. Costle, Adm'r, Env't Prot. Agency, No. 76-1674, 590 F.2d 1011 (D.C. Cir. 1978). “The law on substantive NEPA duties is still developing, so that an attempt to construe § 511(c) must wrestle with a possible exemption at a time when the general rule is not firmly fixed. Moreover, section 511(c)’s interpretation has been rendered increasingly complex and…”

Ethyl Corp. v. Env't Prot. Agency, 541 F.2d 1 (D.C. Cir. 1976). “§ 7(c)(1), 15 U.S.C. § 793 (c)(1). Thus Congress has expressly exempted EPA action under the Clean Air Act from NEPA’s environmental impact statement requirement.”

City of Morgan Hill v. Bay Area Air Quality Mgmt. Dist., 2004 Cal. Daily Op. Serv. 4258 (Cal. Ct. App. 2004). “( 15 U.S.C. § 793 (c)(1); *871 40 C.F.R. § 124.”

Pac. Legal Found. v. Cecil B. Andrus, 657 F.2d 829 (6th Cir. 1981). “See 15 U.S.C.A. § 793 (c) (1976). 5 . The House bill did not have a provision for requiring all federal agencies contemplating proposals to file an impact statement.”

Greene Cnty. Plan. Bd. v. Fed. Power Comm'n, Power Auth. of the State of New York, Intervenor, 528 F.2d 38 (2d Cir. 1975). · cites it 3× “The Commission argues that its actions in this case were not “under” the Federal Power Act, but rather were pursuant to § 7(d) of the Energy Supply and Environmental Coordination Act of 1974 (ESECA), 15 U.S.C. § 793 (d), 4 and the provisions of Executive Order No.”

Anacostia Watershed Soc'y v. Babbitt, 871 F. Supp. 475 (D.D.C. 1994). “, 15 U.S.C. § 793 (c) (Energy Supply and Environmental Coordination Act of 1974— siting and regulation of coal-burning power-plants does not require NEPA compliance); 45 U.”

WildEarth Guardians v. United States Off. of Surface Mining, Reclamation & Enf't, 104 F. Supp. 3d 1208 (D. Colo. 2015). “” 15 U.S.C. § 793 (c)(1) (internal citations omitted) (emphasis added).”

Nance v. Env't Prot. Agency, 645 F.2d 701 (9th Cir. 1981). “15 U.S.C. § 793 (c)(1). Furthermore, the Clean Air Act contains a strong presumption in favor of the maintenance of clean air, and the nature of a decision which simply requires that the air quality be maintained at a certain level prevents any exact prediction of its…”

Alabama ex rel. Siegelman v. United States Env't Prot. Agency, 911 F.2d 499 (11th Cir. 1990). “, 15 U.S.C. § 793 (c)(1) (1982) (Clean Air Act); 33 U.”

Wislar v. United States, 97 F.2d 152 (C.C.P.A. 1938). “” 15 U.S.C.A. § 793 — 6. In the course of its decision, the Supreme Court, after quoting section 32, supra, said (page 683): “This provision reverses the presumption of inseparability — that the Legislature intended the act to be effective as an entirety or not at all.”

Am. Trucking Associations, Inc. v. United States Env't Prot. Agency, 175 F.3d 1027 (D.C. Cir. 1999). · cites it 2× “§ 4332 (2)(C)-(D) (agency must prepare EIS in all “major Federal actions significantly affecting the quality of the human environment”), with 15 U.S.C. § 793 (c)(1) (“No action taken under the Clean Air Act shall be deemed a major Federal action significantly affecting the…”

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